Terms of Use

Phantom Machinery Terms of Use

Last Updated: 21 May 2020Phantom Machinery and its subsidiaries (“Phantom,” “we,” or “us”), welcomes you to its websites, www.phantommachinery.com and all applications or mobile applications offered by Phantom Machinery,  (together the “Site”). Use of the Site is subject to the following Terms of Use (“Terms”), together with the Privacy Policy.

ACCEPTANCE OF TERMS OF USE

By accessing and using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms, including the Privacy Policy, which together form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, your access or use the Site or any of its content is automatically and immediately revoked.

Changes To The Terms Of Use

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Updated” legend at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Site and information collected from you on and after the Last Updated date, unless we have other communications with you.

Phantom Machinery may make changes to the Site, content, products, services or features of the Site at any time. You understand and agree that Phantom Machinery may discontinue or restrict your use of the Site at any time for any reason or no reason with or without notice.

Permitted Users of the Site

In consideration of your use of the Site, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction. Use of the Site, Services or Content is void where prohibited by applicable law, and the right to access the Site, Content or Services is revoked in such jurisdictions.

The Site is directed to customers only (sellers are not permitted to use the Site) and persons 16 years of age or older. Phantom Machinery and the Site do not collect information from children under age 16. If you are under age 16, you are not permitted to use the Site or to submit any personally identifiable information to Phantom Machinery on the Site or offline. you represent that you are 16 years of age or older.

Privacy Policy

Please review the Privacy Policy for the Site, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Site.

SITE CONTENT AND SERVICES

On, through or in connection with the Site, we offer: (i) a search engine for new and used machinery and equipment; and a subscription service for our customers, (the “Services”). Some of the Services and Content are accessible without registering with us, but other Services and Content may require registration and the payment of fees by users. The Content and Services are the sole and exclusive property of Phantom Machinery, its licensors, or other content providers.

You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Services or Content. Any uses of the Site, Services, or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under applicable law.

Error, Inaccuracies, and Omissions

Occasionally there may be information on our Site, in our Content or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, availability, and other content provided by Phantom Machinery, its “Subscribers” (being those third parties who have entered into a subscription with Phantom Machinery) or its partners and affiliates.

Modifications, Suspension and Discontinuance

Phantom Machinery reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, Services or Content or any portion or portions thereof, with or without notice. You agree that Phantom Machinery will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, Services or Content.

Registration & Your Personal Information

Some areas of or benefits provided by the Site or some Services may require you to register an account with us or create an account using third-party sign on services . Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, once given, your registration for any reason or no reason at any time and from time to time. In registering or using the Site, you agree to provide, maintain, and update information that is true, accurate, current, and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Site or your account with or without reasons or notice to you.(Affiliates)

When you register to open an account on a Site, you will provide us with a valid email address and select a password to be used in conjunction with your account. You may also be required to submit additional information including, but not limited to your name, mailing address, and profile information. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session, (b) keep your password confidential and not share it with anyone else, and (c) immediately notify Phantom Machinery of any unauthorized use of your password or account or any other breach of security. Phantom Machinery is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. You may not:

  • register or log in to the Site using an invitation code, Member ID or e-mail address of another person with the intent to impersonate that person;
  • register or log in to the Site using a member ID or an e-mail address subject to any rights of a person other than you without appropriate authorization; or
  • have more than one user account.

FEES AND COMMISSIONS

Phantom Machinery. affiliate program is free and enables members to earn revenue by placing a link or links on their web site which advertises Phantom Machinery or specific products on it. Any sales made to customers who have clicked on those links will earn the affiliate commission. The standard commission rate is currently 5%.

PERMITTED USES

You may not attempt to gain unauthorized access to the Site or any of the Content or Services, user accounts or computer or mobile systems or networks, through hacking, password mining or by any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):

  • Copy, modify, adapt, translate, or reverse engineer any portion of the Site, the Content or otherwise tamper with the Services;
  • Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site, Content or the Services;
  • Reformat or frame any portion of the web pages that are part of the Site, Content or the Services;
  • Create user accounts by automated means or under false or fraudulent pretenses; or

We may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms.

Proprietary Rights

You acknowledge and agree that, as between Phantom Machinery and you, all right, title, and interest in and to the Site, Services, and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are, other than in respect of any Submissions made by you, owned exclusively by Phantom Machinery or its affiliates, suppliers, vendors, merchants, licensors, or other partners or sponsors, and are protected by United States intellectual property and other applicable laws

Accordingly, you agree not to copy, modify, distribute, transmit, display, republish, sell, resell, or exploit, or create derivative works from, for any purpose, any portion of the Site, Services or the Content other than as expressly authorized by Phantom Machinery in writing.

PATENTS

One or more patents may apply to the Site, Services, Content and to the products, features, and services accessible via the Site (collectively, “Patents”). Such Patents are the property of Phantom Machinery or its affiliates, suppliers, vendors, merchants, licensors, or other partners.

Notice and procedures for making claims of copyright or intellectual property infringement

Phantom Machinery in its sole discretion may disable and/or terminate use by users who infringe the intellectual property rights .

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly);
  • your name, address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property right owner’s behalf.

For notice of claims of copyright or other intellectual property right infringement, Phantom Machinery can be reached by sending a claim to:

Attn: Copyright Agent

info@phantommachinery.com

USER REPRESENTATIONS AND WARRANTY

You represent and warrant that (i) your use of the Site will be in strict accordance with these Term and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights .

USER INDEMNITY OF PHANTOM MACHINERY

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PHANTOM MACHINERY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, OR PARTNERS, MERCHANTS, ADVERTISERS, AND OTHERS ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITE, SERVICES, OR ANY CONTENT, PRODUCTS, BRANDS, OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITE , OR YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITE ; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF PHANTOM MACHINERY ; (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY; OR (D) your use of or reliance on any user SUBMISSIONS.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WE PROVIDE THE SITE, CONTENT AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” WITH WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PHANTOM MACHINERY MAKES  REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT LOSS OF DATA WILL NOT OCCUR. PHANTOM MACHINERY MAKES  WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SERVICES OR CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHANTOM DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, SERVICES, OR THE CONTENT, EVEN IF PHANTOM MACHINERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PHANTOM MACHINERY LIABILITY EXCEED TOTAL FEES PAID TO PHANTOM MACHINERY IN CONNECTION WITH THE SITE, CONTENT OR SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Termination

We may terminate, discontinue and/or suspend your registration and/or access to the Site immediately, without notice, for any reason or no reason at all, including, without limitation if there has been a violation of the Terms or other policies and terms posted on the Site or in connection with the Services by you or by someone using your Credentials, as determined in our sole discretion, and PhantomMachinery shall not be liable to you or any third party for any such termination, discontinuance of suspension.

In the event we so terminate, discontinue or suspend your account, we will not render, you are not entitled to, and you hereby waive any and all right to receive a refund of any fees paid by Phantom Machinery or any portions thereof. Further, you agree not to attempt to use the Site and/or the Services or Content after any such termination, discontinuance of suspension. You may terminate your Phantom Machinery account at any time by contacting the address at the end of these Terms; provided however, that voluntary termination shall in no way relieve you of your responsibility to remit payment for all fees associated with your purchased Services or Content

MISCELLANEOUS

The Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

QUESTIONS?

If there are any questions regarding these Terms, you may contact us using the information below:

info@phantommachiney.com

Copyright © 2020 Machinio, Inc. All rights reserved

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